Writing your will is an important step, but it doesn’t have to be complicated. A legally valid will ensures that your assets are distributed according to your wishes and that your loved ones are taken care of. Here’s how to write a legal will in Ontario, along with the key differences between different types of wills.
Understanding the Legal Requirements for a Will in Ontario
To be legally valid in Ontario, a will must meet the following criteria:
- The testator (person writing the will) must be at least 18 years old.
- The will must be in writing (typed or handwritten).
- The testator must be of sound mind at the time of writing.
- The will must be signed by the testator in the presence of two adult witnesses.
- The witnesses must also sign the will, but they cannot be beneficiaries.
For more details on Ontario’s will laws, visit the Succession Law Reform Act.
Different Types of Wills in Ontario
Formal Will (Attested Will)
- The most common type of will.
- Requires two witnesses who are not beneficiaries.
- Recommended if you have significant assets or complex distribution wishes.
Holographic Will
- Entirely handwritten and signed by the testator.
- No witnesses required.
- Recognized under Ontario law but may cause disputes or legal challenges.
Online or Electronic Wills
- Ontario became one of the first provinces to recognize electronic wills in specific circumstances.
- Must still follow formal signing and witnessing requirements.
- For more details, visit Ontario’s Estate Laws.
Steps to Writing a Legal Will in Ontario
List Your Assets and Beneficiaries
- Identify property, investments, and possessions.
- Specify who will inherit each asset.
Appoint an Executor
- This is the person responsible for carrying out your wishes.
- Choose someone trustworthy and discuss the role with them.
Include Guardianship for Minor Children
- If you have children under 18, name a guardian.
Specify Funeral and Final Arrangements
- Outline any wishes for burial, cremation, or memorial services.
Sign the Will in the Presence of Two Witnesses
- Ensure both witnesses sign the will to validate it.
Store Your Will Safely
- Keep a copy in a secure location and inform your executor.
- You may register your will with the Ontario Will Registry.
When to Update Your Will
You should update your will when:
- You get married or divorced (Ontario law revokes a will upon marriage).
- You have children or gain new dependents.
- Your financial situation changes significantly.
- You wish to change your executor or beneficiaries.
Ensuring Your Will is Legally Sound
Writing a legal will in Ontario is a straightforward process, but ensuring that it is clear, up to date, and legally valid is crucial. For complex estates or to minimize disputes, consider consulting an estate lawyer or using a legal will kit. For legal assistance, visit the Ontario Bar Association – Wills & Estates.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified professional for estate planning in Ontario.
